A statute of limitations is the deadline a creditor or debt collector has to sue you. In Georgia the main dividing line is whether the debt rests on a signed, written contract (6 years) or not (4 years). The deadline to sue is a different thing from how long a debt can stay on your credit report, which is set by federal law.
At a glance
- Simple contract in writing
- 6 years [1]
- Contract not signed by the person sued (e.g. oral)
- 4 years [1]
- Credit card debt
- Generally 6 years, per Georgia's consumer office [2]
- What restarts the clock
- A payment, promise to pay, payment plan or new charge [2][3]
- Credit report
- About 7 years from first delinquency, separately [5]
| Type of debt | Deadline | Law |
|---|---|---|
| Simple contract in writing (for example, a signed loan agreement) | 6 years | O.C.G.A. 9-3-24 |
| Contract not signed by the person being sued, including oral agreements | 4 years | O.C.G.A. 9-3-25 |
| Credit card debt | Generally 6 years | Georgia Attorney General, Consumer Protection Division |
Signed in writing vs. not
Georgia’s limit for breach of a simple contract in writing is six years [1]. When a contract wasn’t put wholly in writing, or wasn’t signed by the person being sued, the limit is four years; Georgia courts read “under the hand” of a person to mean in their handwriting or with their signature [1]. If any key part of a deal was never written down, a court may treat the whole thing as unwritten and apply four years [1].
The clock generally starts when the creditor could first have sued, which is usually when you missed a payment [1].
Credit cards and store accounts
The Georgia Attorney General’s Consumer Protection Division says the statute of limitations on credit card debt in Georgia is generally six years [2]. Whether a particular account gets six years or four can turn on what paperwork the creditor can produce, such as a signed agreement. If you’re sued on an old card or store account, that’s a good question to raise with a consumer attorney.
What restarts the clock
Georgia’s consumer protection office lists four things that can restart the statute of limitations on an account: making a payment, promising to pay, entering a payment agreement, or making a charge on the account [3]. When the clock restarts, it starts over at zero, however much time had passed [3].
Asking about a debt is different. The same office notes that while acknowledging a debt can restart the clock in many places, Georgia law adds a protection by requiring it in writing, and that a written dispute (as opposed to an admission) makes a collector stop until the debt is verified [4].
What “time-barred” means
Once the deadline passes, the debt is time-barred . You can still be asked to pay it, but you can’t be sued over it [2][4], and under federal rules a debt collector can’t sue or threaten to sue you on it [6].
If you’re sued anyway, respond. The statute of limitations is a defense you have to raise in your answer to the lawsuit [3][6]; if you don’t respond, the court can rule against you.
The credit report clock is different
How long a debt can stay on your credit report is a separate federal rule. Under the Fair Credit Reporting Act, collection accounts and charged-off accounts generally can’t be reported once they’re more than seven years old, and the seven years start 180 days after the delinquency began [5]. Georgia’s deadline to sue doesn’t change that date.
If an old account is still on your report after that, you can dispute it with the credit bureaus for free.
Where to get help
- Georgia Attorney General’s Consumer Protection Division: its Consumer Ed columns answer common questions about old debts and collectors [2][3][4].
- Consumer Financial Protection Bureau (consumerfinance.gov): takes complaints about debt collectors [6].
- If you’re sued, the court named on the papers (often your county’s magistrate court) can tell you how and when to file an answer.
Sources
- U.S. Bankruptcy Court, N.D. Ga.: Stinson v. Robinson, Adv. No. 14-1049, Order (Jan. 21, 2015), applying O.C.G.A. 9-3-24 and 9-3-25
- Georgia Attorney General's Consumer Protection Division (Consumer Ed): What is the statute of limitations on credit card debt? (July 17, 2018)
- Georgia Attorney General's Consumer Protection Division (Consumer Ed): Buyers of old credit card debt (Oct. 13, 2015)
- Georgia Attorney General's Consumer Protection Division (Consumer Ed): Will inquiring about an old debt make it active again? (Jan. 13, 2021)
- 15 U.S.C. § 1681c (Fair Credit Reporting Act, how long items stay)
- CFPB: What is a statute of limitations on a debt?
Next steps
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How long can a creditor sue on a debt in Georgia?
Six years on a simple contract in writing, and four years on a contract that wasn't signed by the person being sued, such as an oral agreement. Georgia's Attorney General's consumer office says credit card debt is generally six years.
What restarts the statute of limitations on a debt in Georgia?
Georgia's consumer protection office lists making a payment, promising to pay, entering a payment agreement, or making a new charge on the account. When the clock restarts, it starts over from zero.
Does the Georgia deadline change how long a debt stays on my credit report?
No. Under federal law, most collection and charged-off accounts can't be reported once they're more than seven years old, counted from 180 days after the delinquency began, regardless of Georgia's deadline to sue.